Minister highlighted that platforms not only failed to remove content that incited violence, but also facilitated the organization of attacks through their functionalities
The minister, a member of the , criticized the effectiveness of the social media self-regulation system, especially after the coup attacks that took place on January 8, 2023. He highlighted that the platforms not only failed to remove content that incited violence, but also facilitated the organization of attacks through its functionalities. During the trial that discusses the responsibility of social networks for content posted by third parties, Moraes emphasized that, given the events of January, there is no way to maintain that self-regulation is effective. He mentioned the “Selma Party”, an event that served as a means to coordinate the invasion of public buildings, and criticized the inaction of platforms in relation to content that promoted acts of destruction.
The case’s rapporteur, Dias Toffoli, argued that article 19 of the Marco Civil da Internet guarantees immunity to platforms, but noted that promoting content is a direct responsibility of companies. In a change of stance, the Lula government began to defend the unconstitutionality of this article, claiming that immunity has contributed to the deterioration of democratic quality in Brazil. Messias, attorney general of the Union, warned about the “infodemic” that the country faces, highlighting that disinformation represents a threat to democracy. He recalled that, after the January attacks, it was necessary to request the removal of live broadcasts that showed the invasion of Congress and the Planalto Palace, highlighting the urgency of the situation.
Current legislation, which was passed in 2014, aims to protect freedom of expression and avoid censorship. However, this rule does not prevent platforms from adopting their own guidelines for removing content. The Brazilian Association of Investigative Journalism (Abraji) asked the court to consider the possibility of imposing restrictions that could prevent collective harm, especially in situations that threaten the democratic State.
Published by Sarah Paula
*Report produced with the help of AI
